Policy News Journal - 2013-14

Key points

The TUPE regulations ensure:

 that when a business transfer occurs, employees moving across to the new employer (known as the incoming employer) bring with them their length of service and terms and conditions, and  that there is a structure for the transfer process.

The TUPE regulations usually apply when:

 a business or part of one is sold to the incoming employer, or  two or more companies cease to exist and combine to form a new company  activities are outsourced to a contractor or brought back in house. TUPE applies regardless of the size of the organisation, although there are minor differences concerning how smaller employers with less than 10 employees are required to consult. Generally speaking, the TUPE regulations apply to employees whose work moves over to the incoming employer. However, there are very specific rules around this which are covered in more detail in the guidance .

Zero hours contracts

ZERO-HOUR CONTRACTS TO BE REVIEWED

17 June 2013

The Government is to review the use of controversial “zero-hours” contracts under which employees are put on standby and not guaranteed a minimum amount of work.

Vince Cable, the Business Secretary, is worried that some companies are abusing the contracts and has asked his officials to review the growth of the contracts in both the private and public sectors. Although he is unlikely to ban them, they could be restricted or workers on them given more protection. Business Secretary, Vince Cable, said: “There has been anecdotal evidence of abuse by certain employers, including in the public sector, of some vulnerable workers at the margins of the labour market.” He denied that BIS was planning to ban the contracts, but said: "Whilst it's important our workforce remains flexible, it is equally important that it is treated fairly.

“This is why I have asked my officials to undertake some work to better understand how this type of contract is working in practice today.”

Zero hours contracts have been criticised by some because they allow employers to put workers on standby without a guaranteed minimum number of hours or pay.

Welcoming the news that the Government is reviewing the use of zero-hours contracts, TUC General Secretary, Frances O'Grady, said:

“Employers know they can get away with advertising zero hours jobs because there are so many jobseekers hunting too few vacancies.

CIPP Policy News Journal

16/04/2014, Page 98 of 519

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